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IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION - - - - - - - - - - - - - - - x IN RE: : : MARSHA LAMBERT MAINES, : Case No. 10:08-bk-5213 : Chapter 13 Debtor : - - - - - - - - - - - - - - - x U.S. Courthouse 801 N. Florida Avenue Tampa, Florida November 22, 2011 1:47 P.M. HEARING 1-FEH On Debtor’s Motion For Injunction, Contempt And Sanctions 2-FEH On Debtor’s Motion For Contempt Against Bank Of America 3-FEH on Debtor’s Motion For Injunction 4-FEH On Debtor’s Motion To Strip The Unsecured Non Priority Claim Lien And Motion For Summary Judgment And Motion For Contempt And Sanctions Against Samuel I. White, PC

BEFORE THE HONORABLE CATHERINE PEEK MCEWEN United States Bankruptcy Judge

______________________________________________________________ JOHNSON TRANSCRIPTION SERVICE 7702 Lake Cypress Drive Odessa, Florida 33556 (813) 920-1466

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APPEARANCES: For the Debtor: MARSHA LAMBERT MAINES, Pro Se P.O. Box 530223 St. Petersburg, FL 33747 SARAH HOLLADAY-TOBIAS, Esquire McGuire Woods LLP 50 North Laura Street Suite 3300 Jacksonville, Florida 32202-3661 (904)798-2662 sfhollad@mcguirewoods.com

For Bank of America, N.A.:

ALSO PRESENT: Bank of America Representative: David Henderson: Dan Shadwell: Karen Slyapich McGuire Woods Paralegal With Ms. Maines

JOHNSON TRANSCRIPTION SERVICE - (813) 920-1466

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INDEX TO EXAMINATIONS WITNESS: KAREN SLYAPICH Direct Examination by Ms. Holladay-Tobias Cross-Examination by Ms. Maines Redirect Examination by Ms. Holladay-Tobias Page 42 Page 47 Page 55

JOHNSON TRANSCRIPTION SERVICE - (813) 920-1466

Court’s order sustaining the objection to the claim Exhibit 2 Copy of the deed Exhibit 3 Certificate of Acknowledgment Page 29 Page 30 BANK OF AMERICA’S EXHIBITS Exhibit 1 Original Promissory Note Page 40 JOHNSON TRANSCRIPTION SERVICE .(813) 920-1466 .Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 4 of 79 4 INDEX TO EXHIBITS DEBTOR’S EXHIBITS Exhibit Description Admitted Page 26 Exhibit 1 Judicial notice of the fact of the deadlines. the content of the objection to the claim. the hearings.

which was formerly known as Countrywide Home Loan Servicing. ma’am? S-l-y-a-p. HOLLADAY-TOBIAS: THE COURT: BANA? BANA will be fine. THE COURT: How do you spell your last name. the Court will take appearances. HOLLADAY-TOBIAS: name is Sarah Holladay-Tobias. MS. Case Number 10- Okay. Your Honor. Your Honor. Good afternoon. I work for Bank of America as their representative. -i-c-h. MS. THE COURT: P R O C E E D I N G S COURTROOM DEPUTY: Marsha Maines. MS. SLYAPICH: THE COURT: All right. I’m here on behalf of Bank of My MS.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 5 of 79 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 client? 5213. as in Peter. Thank you. SLYAPICH: Got it. America. LP. which is the successor by merger to BAC Home Loan Servicing. THE COURT: How do you want me to refer to your MS. HOLLADAY-TOBIAS: THE COURT: B-A-N-A? BANA. JOHNSON TRANSCRIPTION SERVICE . SLYAPICH: THE COURT: C-h? Uh-huh. MS. I’m Karen Slyapich. HOLLADAY-TOBIAS: THE COURT: And? MS. LP. National Association.(813) 920-1466 . B-A-N-A.

this is David Henderson. And the other observers are? MR. White. contempt and sanctions. understanding is they weren’t actually served with the pleadings in this case. THE COURT: All right. THE COURT: All right. a paralegal from McGuire Woods. PC. Thank you. ma’am. And in the back? MR. Thank you. White. I’m with Marsha. And my Who is Samuel I. SHADWELL: THE COURT: Shadwell. ma’am. There’s also another motion for contempt. We’re scheduled for trial today on the Debtor’s motion for an injunction. Thank you. Is that a law firm in Virginia? MS. SHADWELL: THE COURT: All right. Shadwell.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 6 of 79 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PC? And we have on the other side of the room? MS. HOLLADAY-TOBIAS: Yes. And then there’s a motion to strip the unsecured non-priority claim lien and motion for summary judgment and for contempt and sanctions against Samuel I. C-h-a-d-w -S-h-a. HOLLADAY-TOBIAS: And on my side. a separate motion for injunction. SHADWELL: THE COURT: I’m Dan. I don’t know who that is. All right. or the sanction motion. my firm. They’re the JOHNSON TRANSCRIPTION SERVICE .(813) 920-1466 . I was the Debtor in the Chapter 13 case last year. MS. MAINES: My name is Marsha Maines. Dan? Do you have a last name? MR.

Maines served Jon Waage. Countrywide and/or Bank of America.what I can do is I can strike it due to non-service. THE COURT: Let’s check that first. and then you can refile it with good service. so you’re going to have to file a certificate of service and -MS. So we’ll have to have you file -. White. and BAC. MS. PC.(813) 920-1466 . HOLLADAY-TOBIAS: counsel for BANA in the bankruptcy proceedings. Samuel I. Maines. PC. 152. they substituted in for McCalla Raymer.let’s see -THE COURT: Marshall Watson. That’s Document Number 152. United States Trustee. That’s all I’m talking about now is 152. JOHNSON TRANSCRIPTION SERVICE . and Samuel I. It looks like Ms. White. MAINES: THE COURT: Are you referring only to Document 152? Yes. hasn’t been served. All right. PC. was not served. the Attorney General. MAINES: THE COURT: That’s only in reference to Doc. MS. Ms. the United States of America. it looks like Melissa Youngman. and if there’s no service. Marshall Watson were both prior They were -Melissa Youngman. because that’s something that is a threshold issue. and also the MS. That requests sanctions against Samuel I. THE COURT: Okay. HOLLADAY-TOBIAS: -.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 7 of 79 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 local foreclosure counsel. we would have to re-notice them. White.

What I’m prepared to do is see how they come in and inquire of counsel as to whether or not Bank of America is prejudiced by the late disclosure of these documents. are you ready to proceed? You said you were. there’s no prejudice. Ms. MAINES: Yes. MAINES: THE COURT: Yes. With respect to the objection concerning incomplete copies. on lack of good service. prejudice. then we’ll let you use them. That leaves the three other contested matters But it’s being stricken based Are you ready to go forward.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 8 of 79 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I’m going to enter an order striking it without prejudice to your refiling it and serving it. Before you do. Your Honor. I’m mindful of the fact that Bank of America has filed an objection to your exhibits. So. Do And if If there is you want to make a brief opening statement about what you intend to prove today? MS. claiming that they have not seen them and therefore have not been able to prepare adequately a defense if you are using those in your trial. Okay. for trial. we won’t. I think I’ll wait and see what it is you’re going to try to introduce into evidence to see whether an excerpt is appropriate for my consideration or not. All right. Maines? MS.(813) 920-1466 . The only document I submitted with the Court as an exhibit is the deadline and JOHNSON TRANSCRIPTION SERVICE .

It lists all of the deadlines and hearings that were part of the case when I filed bankruptcy in Chapter 13 last year. CM/ECF system. MAINES: with the clerk. Correct. and I haven’t. What this is is a report. MAINES: THE COURT: in front of the judge. JOHNSON TRANSCRIPTION SERVICE . Miss Garcia. Your Honor. deadlines were. HOLLADAY-TOBIAS: THE COURT: Yes. Okay. Have you already marked that with Pardon me? Normally you introduce evidence at trial Let me see if we can find it. THE COURT: MS. COURTROOM DEPUTY: THE COURT: Pardon me? It’s on the docket. it is generated by our It does indicate when hearings were and when I’m printing off a copy. Okay. COURTROOM DEPUTY: THE COURT: All right. And I filed it downstairs So what you’re saying is your docket. I do. MAINES: THE COURT: an exhibit tag? MS. her cover sheet includes a checkmark indicating that I’ve already accepted this in evidence. Well.(813) 920-1466 . ma’am. I need it up here. Do you have a copy? MS. It’s on the docket. Yes. Someone’s already scanned it in.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 9 of 79 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 hearing template that’s found on the Court’s own website. THE COURT: MS. Okay. Okay. So I am going to wipe that out.

So let me Within your docket entry you have your exhibit cover sheet. a copy of the fax transmissions JOHNSON TRANSCRIPTION SERVICE . MAINES: The deadlines and hearings page. That’s a copy -. MAINES: How far does this go? Two pages.(813) 920-1466 . Okay. Hold on. four pages.the Debtor’s objection to the original Promissory Note is what was faxed according to the Court’s order. MAINES: THE COURT: MS. okay? separate them for you. Now. I’m sorry.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 10 of 79 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 You can use this as your exhibit grid. Okay. Just two pages. MAINES: THE COURT: That’s your exhibit. MS.it looks like there’s more than just the template.we both had to fax to each other what we intended to present as -THE COURT: MS. Here’s your cover sheet. ma’am. MAINES: THE COURT: MS. Because the Court’s order -Let me -- -. and here is the -. Okay. You have commingled things in one entry on the docket. right? Yes.said it had to be faxed -. MAINES: Right. also within that same filing. MS. MS. Document 178. and then a copy of the Court’s report from CM/ECF. you have filed an objection to using the original Promissory Note as an exhibit. It’s the twoDoes it go -- page Debtor’s objection. your exhibit grid. THE COURT: Wait a minute.

all the Gmail stuff is is the -. MAINES: THE COURT: Okay. I understand that.(813) 920-1466 . MAINES: Uh-huh.via email. It’s in the docket entry.the two pages of Gmail -. Okay.three pages of Gmail just shows that I tried to send a copy to the Court -THE COURT: MS. MAINES: THE COURT: four pages? Well. I understand.all email addresses that I had for the Court. I’ll tell you what. That should not have MS. the last What’s the bonding of judicial consequence? That’s mine. we don’t take things by fax. -. That should be stricken. That’s not Well. there’s pages that start with Gmail. since there was no fax number for the Court -THE COURT: MS. And then also showing that I attempted to send it to the Court. but the Court -. So the last three pages -. and then a page that says -MS. JOHNSON TRANSCRIPTION SERVICE . MAINES: supposed to be -THE COURT: that away. I’ll just throw Now.wait. MAINES: gone -THE COURT: MS.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 11 of 79 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 showing the date and time that it was actually submitted to the other party. THE COURT: MS. MAINES: All that is -.

THE COURT: three pages of emails. THE COURT: MS. That’s fine. So I’m going to throw away the I’m going to keep the four pages of Debtor’s objection to the original Promissory Note. The fax transmission indicates Okay. I’ve got a typewritten page.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 12 of 79 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. which is the exhibit and the exhibit grid. Now you can make your opening statement. Your Honor. MS. and then I’ve got a fax cover sheet from the UPS Store addressed apparently to you. Garcia what I’ll she needs. Okay. So. Okay. let me give to Ms. keep the objection to the Promissory Note until it becomes relevant. THE COURT: Well. I only have another typewritten page. MS. MAINES: show them my exhibits.(813) 920-1466 . Okay. HOLLADAY-TOBIAS: THE COURT: Okay. HOLLADAY-TOBIAS: transmission. I’m just missing the fax THE COURT: three pages went through okay to (904)360-6317. I just put it on the record that I followed the Court’s order. And I did receive it. Serve by fax. MAINES: All this is is the attempting to show that I complied with the Court’s order. HOLLADAY-TOBIAS: three pages. I’ve got transmission verification report. Okay. And. MS. The Court’s order was: I did that. What JOHNSON TRANSCRIPTION SERVICE .

There were very few assets involved. And I objected to that claim and filed a motion to compel for them to produce evidence that they were a valid -. I did it entirely pro se. MAINES: Well.I had filed a Bankruptcy Petition.what sanctions are reasonable? MS. it was a very simple. you issued an order sustaining my objection to their claim. cutand-dry case. there were certain hearings that were held. Bank of America Servicing.that they held a valid claim. And you afforded me every opportunity. The record was established that they failed to appear at every single hearing.that under authority of a note and a Deed of Trust that I had executed back in 2005. that they had a valid claim before this Court. You even stated for the court you afforded me every opportunity possible because I was pro se and not practiced in the law and that sort of thing.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 13 of 79 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is it that you intend to prove to demonstrate to me that I need to enjoin Bank of America and make a finding of contempt and make a finding that -. Before I even made it to the confirmation hearing.(813) 920-1466 . Judge. I’m sure you remember last year when I came to your Court seeking relief for bankruptcy. and it was ruled that Bank of America and BAC Home Loans Funding and BAC -every other form of Bank of America. And their claim was that they had -. They failed to appear at creditors’ JOHNSON TRANSCRIPTION SERVICE . So what I have done is -. all the different names that they use.

and Number 3. -That’s argument. okay? That’s argument. MAINES: THE COURT: Under Elliott et al v. So withhold the animus and the consternation. There were so many attorneys -. it’s like running a marathon with way too many hurdles for any individual to keep up with. MAINES: The record as established.there’s been so many different attorneys that claim to represent Bank of America or some form of Bank of America. THE COURT: MS. that I should find Bank of America in contempt. concise terms what grounds you are going to prove to me that would lead me to consider your request to. So each -. MAINES: In what form? In the form of filing documents claiming JOHNSON TRANSCRIPTION SERVICE .I apologize for rambling. You were going to state to me in plain. That’s stuff that you can argue to me in That’s argument. just tell me what you will prove either by your testimony or documentary evidence to suggest that I could do those things.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 14 of 79 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 hearings.from proceeding under that note and Deed of Trust. What evidence are you going to adduce during the trial? MS. MAINES: THE COURT: MS.(813) 920-1466 . but they’ve had -. And the record does what? The record as established shows that a fraud was committed upon this Court. impose sanctions. THE COURT: your closing argument.but they did have one attorney. Number 1. MS. Number 2. enjoin Bank of America from doing -.

Virginia. MAINES: THE COURT: MS. associated with the proof of claim -. MAINES: There was a proof of claim filed.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 15 of 79 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to have been recorded upon the land records of Frederick County. You You have a disallowed claim. MAINES: THE COURT: MS. Samuel I. Okay. You objected and I sustained. or for not complying -- JOHNSON TRANSCRIPTION SERVICE . non-priority claim. So you’re basically saying that because the claim -. allowed it as an unsecured. THE COURT: Okay. White. And you want me to sanction them for violating my court order.the secured claim has been disallowed. that did not exist at the time this Court had full jurisdiction and still to this date currently do not exist on the land records of Frederick County. they initiated foreclosure actions through their counsel. And that.is there a proof of claim filed? MS. Virginia.(813) 920-1466 . Correct. you’re saying. including Bank of America. Virginia. Okay. THE COURT: Okay. That order was recorded on the land records of Frederick County. and all parties were noticed. And in response to receiving service of that court order by me. I should hold Bank of America in contempt for proceeding on a secured claim when all I allowed was an unsecured claim. I should prevent further proceedings on the Deed of Trust. So I have a disallowed claim.

not only -THE COURT: Did the court of equity disallow the lien. So it was simply a matter of -The sole matter before the Court is this Court had full jurisdiction to issue the order when it issued the order. MAINES: THE COURT: MS. Okay. MAINES: Correct. MAINES: The Trustee. White. So it’s basically failure to to adduce in the testimony or the exhibits? MS.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 16 of 79 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. and they were taken in direct contempt of this Court’s order. I own the original Deed to my house. Anything else you are going Okay. MS. The order was never appealed. ma’am. MAINES: THE COURT: Violating your court order. Samuel I. but actions were taken before the case was even closed from this Court. So it’s not that there’s a violation of the stay or a discharge injunction. to. and I have the originals here today as well.(813) 920-1466 . All right. on the JOHNSON TRANSCRIPTION SERVICE . as the record was established while I was in bankruptcy. it was not objected And the case was closed in January. MS. MAINES: Well. MAINES: THE COURT: Yes. because that discharge never occurred in this case. THE COURT: comply with an order. or did they just transfer title? MS. It was obtained And from my divorce settlement in 2006 from a court of equity.

(813) 920-1466 . HOLLADAY-TOBIAS: THE COURT: Thank you. MAINES: Okay. HOLLADAY-TOBIAS: things. or any of their alleged representatives or subsidiaries or whatever. No. and the bankruptcy was dismissed. MAINES: THE COURT: Okay. Okay. The fact that the events that occurred during the bankruptcy: there was no discharge in a confirmation of the Plan. THE COURT: MS. This JOHNSON TRANSCRIPTION SERVICE . ever bothered the check the land records. What we will offer. All right. Tobias-Holladay (sic).and also that the Deed has been released to the Debtor? MS. THE COURT: MS. So that’s -- All they ever had was marketable title. have a seat. you may make your opening statement. Your Honor. Had Bank of America. Anything else? Ms.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 17 of 79 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Deed of Trust. released the Deed back to my possession as part of a divorce settlement. They never had legal title to ever act. We will be able to show we have the original Promissory Note that we will proffer into evidence. they would have seen that they had already released my Deed back to me. -. several The first is going to be based on the docket itself. What is it that you intend to prove to rebut the assertion that Bank of America didn’t comply with my order disallowing the secured claim -MS.

(813) 920-1466 . HOLLADAY-TOBIAS: THE COURT: All right. A lot of -. And that’s it? That’s it. I have Karen Slyapich here with me who will be able to testify as to the bank’s actions post-dismissal and the foreclosure. we will be able to show is still of record.beyond the record and beyond the existence of the lien. whether Bank of America was entitled to proceed with foreclosure after the dismissal is largely legal argument. because it’s JOHNSON TRANSCRIPTION SERVICE . The Deed of Trust. has never been satisfied. No. HOLLADAY-TOBIAS: THE COURT: Okay. Maines decides to -THE COURT: of counsel? MS. although title. And what exhibits do you have? I have the original Promissory MS.I don’t know that there is much -. depending on what Ms.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 18 of 79 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Promissory Note has never been cancelled. obviously. the mortgage on the property. ma’am. Maines solely. Your Honor. which I will not go into at the moment. HOLLADAY-TOBIAS: THE COURT: of counsel? MS. Maines has alluded to. HOLLADAY-TOBIAS: Note here with me. as Ms. may have transferred from her and her ex-husband to just Ms. It wasn’t faxed. if needed. I’m sorry? Is part of your case going to be advice Is part of your case going to be advice MS.

her exhibit just is one. I have -.most of the other stuff that I will proffer into evidence are exhibits of copies of pleadings from the docket itself. including a copy of the docket. and it further shows there’s no satisfaction of record. and we indicated to her that we would potentially use some of her exhibits as included in our exhibit list. HOLLADAY-TOBIAS: additional exhibits via email. and Ms. Maines does have a copy. although Ms. The Deed of Trust was actually What was returned was the title document. THE COURT: And let me ask you. Maines What is the effect of may tell me near the end of her case: returning a Deed of Trust to a borrower? MS. HOLLADAY-TOBIAS: Ms.(813) 920-1466 . so we do have copies of that. HOLLADAY-TOBIAS: It shows that the Deed of Trust was recorded. HOLLADAY-TOBIAS: not returned. Maines does have an How about any abstracts of title records abstract of title records in Virginia included in her exhibits that -THE COURT: Well. THE COURT: And does the abstract show that the Deed of Trust was or was not recorded? MS. She forwarded us some MS. the JOHNSON TRANSCRIPTION SERVICE . THE COURT: in Virginia? MS. in fact it’s included in some of her exhibits.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 19 of 79 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the original.

MS. the administrative rules that I used. So the administrative -. it must be the one from 2008 JOHNSON TRANSCRIPTION SERVICE . has no clue who I -. I gave you all the opportunity All I know to settle.had no idea who I was until I applied for a bankruptcy. is that apparently no settlement was struck between the two parties. Maines and her husband? MS. and I don’t want to hear what happened. MS. Maines. THE COURT: Can I ask you a question? I did allow an unsecured claim. which means I found that Bank of America held a claim. Maines? MS.(813) 920-1466 . I actually have an original copy here with me. Ms. Correct. that’s part of the argument. MAINES: Well. when I started getting documents in the mail from Bank of America. You know. so that was not returned to Ms.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 20 of 79 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Deed itself. HOLLADAY-TOBIAS: THE COURT: All right. so. that was resolved. MAINES: THE COURT: That’s a tough question. you know.the APA. So you’re talking about the original Deed from whoever owned the property before Ms. The Deed of Trust. And if they do indeed have the original note. Okay. Are you ready to proceed. Bank of America They’ve never been a party in interest. MAINES: It had an unsecured claim. THE COURT: Okay.

And I have my Deed back. you have the Deed to your house back. MS. I signed a promise to I’ve never stated that I failed to pay. Incorporated. Well -.okay. the Deed of Trust is merely you. it’s a unilateral agreement utilizing my Deed as collateral. MAINES: evidence of a debt. it’s not. ma’am. It’s almost as if they’re saying -THE COURT: No.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 21 of 79 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 from the note modification and it must be signed by both parties. And you have no idea what happened JOHNSON TRANSCRIPTION SERVICE .(813) 920-1466 .show me what it is -. THE COURT: with that note? MS. And there’s nothing wrong with a promise to pay. I don’t want to argue with Well. MS.why it is that you contend that Bank of America holds apparently no claim. MAINES: THE COURT: and your testimony. not at all. whom I signed the agreement with. When I signed my promise to pay. And I -Okay. but it really is like a mortgage. MS. MAINES: Well. THE COURT: Well. go ahead with your evidence You’re now contending that Bank of America does not hold a secured claim because they couldn’t prove something. pay. MAINES: No. So prove to me the -. No. you don’t have the Deed of Trust back. I don’t. Bank of America is not Countrywide Home Loans. it was to Countrywide.

Virginia. MAINES: No. I have it here if she would like to inspect it. We’ll take a 15-minute break until But as I said.m. MAINES: You have done so. I have. THE COURT: Have you had an opportunity to inspect the original in the hands of -MS. correct? Yes. you’ve had an opportunity to examine the purported original note. HOLLADAY-TOBIAS: literally just got this morning. THE COURT: MS. It Okay. Stop right there. Why has she not been able to inspect I intended to have it for the mediation for her to inspect and then attempted to get it afterwards. Why -- Even during mediation -All right. THE COURT: Yes. Maines. JOHNSON TRANSCRIPTION SERVICE . it was with local counsel up in (Recess held from 2:12 p. It was up in Virginia. Ms. I have not. MAINES: THE COURT: Why is that? the original? MS. I have not.(813) 920-1466 . Ever? No. The original I actually. MS.) THE COURT: We’re back on the record.m. took awhile to get to me. to 2:19 p. MAINES: THE COURT: MS.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 22 of 79 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2:30. Every single attempt I’ve made to inspect the original has been denied.

you want me to JOHNSON TRANSCRIPTION SERVICE . MAINES: Your Honor. So you want me to take -.are you going to testify. I have. we’ll wait until we see what the Bank of America does with that thing. Okay. now. We’ll wait until your closing argument for you to talk more about that. provided proper opportunity to be heard for whomever was interested while the case was going. and the case It was not appealed. Really. the only matter before the Court is a contempt charge that the Court. held hearings. I really don’t have anything else to offer this Court other than the record as established while the case was active. MAINES: THE COURT: Have you returned that original back to Yes. do you know what the effect is of Section 349 of the Bankruptcy Code on a dismissed case? MS.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 23 of 79 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Ms. All right. Tobias-Holladay? MS. MAINES: THE COURT: Yes. And an order was issued granting relief. So are you ready to go forward and -. you object to -- well. So. There’s no reason to re-litigate or re-introduce or redo the case. All right. or what are you going to do? MS. with proper jurisdiction. All right. provided proper notice. THE COURT: Ma’am.(813) 920-1466 . is done.

no exhibit. That’s correct. I’m taking into -. Ms. MS. Holladay-Tobias. the content of your objection.(813) 920-1466 . so I don’t know that you need to show me any paper on that. the deadlines. the order on the claim. MS. no testimony. It is a part of the record. Well. hearsay that you put into the record unless you can argue an exception to the hearsay rule or argue that it’s not hearsay by operation of the Federal Rules of Evidence. And I believe that it’s undisputed that Bank of America thereafter pursued some sort of a foreclosure proceeding in the state of Virginia. my order sustaining your objection. I can’t take judicial notice of I can’t take judicial notice of. and I will do that. Am I correct. for example. You don’t have to prove that part JOHNSON TRANSCRIPTION SERVICE . of the record that was made regarding the objection to the claim. And then what. HOLLADAY-TOBIAS: THE COURT: Okay. THE COURT: everything. it was submitted to the Court. with respect to the Deed There’s no paper that was released to you by Samuel I. that there is no dispute but that Bank of America went forward in the foreclosure after the bankruptcy was dismissed? MS. White? I have.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 24 of 79 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 take judicial notice of the docket in your case. MAINES: Actually. just your argument. MAINES: THE COURT: Thank you.I’m taking judicial notice of the fact of the hearings.

supplemental statement in support of contempt. ma’am. Okay. my order sustaining the objection to the claim? MS. and I’ll ask Ms. just shows where Bank of America and I came to an agreement on certain issues regarding -THE COURT: to prove your case. and then ask me to take it into evidence. Okay. With respect -MS. ma’am.(813) 920-1466 . the content of the objection to the claim. Document 165 is the It statement -. Okay. Indicate that as Exhibit 2 she wants me to take judicial notice of Docket Number 165. Holladay-Tobias. Let me look at that. the hearings. HOLLADAY-TOBIAS: THE COURT: of that. I have no objection to that. MAINES: THE COURT: And that’s referred to in Document 165. do you object to my taking judicial notice of the fact of the deadlines.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 25 of 79 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of it.take the stand and then authenticate it. you’re going to have If you’re going to now prove an agreement. Well. 165? Yes. you’ve got the exhibit registry there. So far. MAINES: THE COURT: MS. MS. I’m sorry. I’m taking judicial notice of all JOHNSON TRANSCRIPTION SERVICE . you’ve got to authenticate it -. I don’t see the Deed there. you’ve got to have a copy of the agreement. MAINES: No. Miss Garcia.

I don’t have cable. Well -No. You’ve never seen a trial on TV? MS. there’s some things. judge: All right. You have to get on the stand. and whatever you want to tell me JOHNSON TRANSCRIPTION SERVICE . Miss Garcia. Well.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 26 of 79 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 cable.(813) 920-1466 . Law. put Exhibit 1 is admitted into evidence.Perry Mason? I mean. I -. quite frankly. and Judge Judy. (Debtor’s Exhibit 1 is marked for identification and admitted into evidence. you shouldn’t be scared to death. Well.you’ve Nobody ever gets in the stand and tells the Judge. it goes just like that. THE COURT: MS. Law and Order and L.A. MS. So just for purposes of your exhibit grid. MAINES: THE COURT: I have seen -Okay.it’s It scares me to death. Well. MAINES: The most experience I have as far as trials pretty much has been in this courtroom and as a court watcher in my family court matters in Virginia. I’m sorry. What other exhibits? And are A trial is where you actually -. But you’ve never seen one on TV? MS. a lot of these things were not on months ago. not my thing. Have you never -. MAINES: THE COURT: You know. Actually.) THE COURT: you going to testify? seen this on TV. look at what I filed three weeks ago or three Just like on TV. MAINES: THE COURT: Okay.

you’ve got to provide me a copy of the document. and that this Court had full authority to issue that order after -THE COURT: MS. And so you’re not going to offer into evidence anything about a Deed JOHNSON TRANSCRIPTION SERVICE . provide opposing counsel a copy of the document. So you load up the record with your facts. All right.(813) 920-1466 . So basically you’re just going to ride on the fact that there was an order disallowing the secured claim and allowing the unsecured claim. So what is it within Number 165 that you believe is relevant and is admissible and that you would like to authenticate after you take the stand? like this is just more argument. then you tell me that. MS. MS. Because it looks to me Legal argument is where you link up the facts that you prove to the law that establishes that those facts would constitute a violation of some sort. If there’s a document that you want me to take into evidence.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 27 of 79 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 under oath that is a fact that proves your claims here. authenticate it. and then tell me why it’s relevant. MAINES: THE COURT: No question about it. MAINES: The only testimony I would be able to offer is that the record is what it is. MAINES: Yes. and then you argue the effect of those facts is that they constitute a violation of some sort. THE COURT: Okay.reviewing the facts -No question about it. -.

White released the Deed. Do you have any objection Ms.I mean.you have the original. what we’ll do is I’m JOHNSON TRANSCRIPTION SERVICE . ma’am. Maines? MS. Tobias- Holladay -. MAINES: THE COURT: Tobias. HOLLADAY-TOBIAS: THE COURT: Okay. Holladay- that goes with it that was also recorded. or you have a copy? MS. Ms. THE COURT: And that was a Deed? All right.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 28 of 79 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that was released to you? You argued in your opening statement that you were going to prove that Samuel I. All right. MAINES: I can offer into evidence the original Deed that was prepared by my ex-husband’s lawyer during the divorce settlement. the email that I sent to her. Are you going to offer All right. Show it to Ms. MS. Holladay-Tobias? MS. MAINES: THE COURT: Yes. All right. HOLLADAY-TOBIAS: THE COURT: No objection. which I presume to be the Deed of Trust. then. then. MAINES: I have a Certificate of Acknowledgment That was included in The original. No. that into evidence. MS. Go ahead and -. THE COURT: Do you have any objection to my making a copy of that and introducing the copy as her exhibit for identification and then I would return the original to her? MS.(813) 920-1466 . Your Honor.

That Strike that Document So Exhibit 2 for identification will And without objection. she’ll go back and. Let me review it before she does so. at the appropriate time. that is entered and accepted into evidence. JOHNSON TRANSCRIPTION SERVICE . be the copy of the Deed. We’ll mark the Certificate of She’s offering Acknowledgment as Exhibit 3 for identification. Number 165. Miss Garcia. right? MS. MAINES: THE COURT: MS. That’s the original. I also have the Certificate of Acknowledgment that was recorded on the land records in reference to that Deed. too? They have the seal from the court -- I have no objection.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 29 of 79 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 going to have Miss Garcia make a copy of your original. We will likewise make a copy of that original. MAINES: In addition to the Deed.(813) 920-1466 . these are originals. will be Exhibit 2 for identification. MAINES: clerk. (Debtor’s Exhibit 2 is marked for identification and admitted into evidence) THE COURT: So if you’ll walk that back to Miss Garcia. No. MS. That’s a copy. HOLLADAY-TOBIAS: THE COURT: Okay. THE COURT: Okay. make a copy. MS. that into evidence. and we will mark the copy as Exhibit 3 for identification.

All right. THE COURT: What’s that relevant to in terms of the facts that you intend to prove today? JOHNSON TRANSCRIPTION SERVICE . PC. And let me review it first. on account of its client dismissed a case that had been pending against you? MS. Here you go.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 30 of 79 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 She’s offered it into evidence. for his foreclosure action he took against me. MAINES: I also have the raised-seal recorded copy of the order from this Court sustaining the objection to bank of claim (sic). so Exhibit 3 will be in evidence. and then I nonsuited it. Miss Garcia. You have no objection. I’ve taken judicial That’s okay.) THE COURT: Would you walk that forward. before you make a copy. White. please. THE COURT: notice of that. You won’t need that. PC. THE COURT: All right. Miss Garcia. I also have an original order from the MS.(813) 920-1466 . White. MS. Holladay-Tobias. (Debtor’s Exhibit 3 is marked for identification and admitted into evidence. So what is that? You’re saying that Samuel I. Ms. MAINES: Circuit Court of Frederick County in reference to a non-suit against Samuel I. MAINES: I had initiated action against him in the state court when he attempted to foreclose.

the debt collections act.to be taken up directly with JOHNSON TRANSCRIPTION SERVICE . the torts of emotional distress. MAINES: He had full proper notice that this Court had already issued an order and that it was recorded on the land records sustaining Bank of America’s claim.to move the court to take an action against that party. So you’re saying that a lawsuit filed by you proves that he had notice? MS. when you file a declaratory judgment against a party. that those are matters that are -. all of those other issues that were raised at out hearing in July. MAINES: THE COURT: MS.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 31 of 79 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. MAINES: THE COURT: MS. What does that mean “non-suit”? In the state of Virginia. within 21 days of filing it. THE COURT: MS. Do you have proof of service? I have the court’s order non-suiting it. MAINES: Yes.(813) 920-1466 . So you chose not to pursue? I chose not to pursue Sam White in the Well. MAINES: THE COURT: MS. MAINES: Okay. determine that you’re not prepared to take -. his actions in violation of multiple other codes. who non-suited it in -- state court because I realized that until this matter was resolved with Bank of America. THE COURT: All right. like the fair credit lending act. I did. you have the opportunity to withdraw that and basically non-suit it if you.

MAINES: It shows that he did have notice that there was no claim. administrative foreclosure state. so what does this add to your case against Bank of America? MS. PC (sic).because he hasn’t been served. had knowledge of my order disallowing the claim? MS. Because you say so? No. JOHNSON TRANSCRIPTION SERVICE . They don’t belong to Bank of America. He’s not on trial today -No. THE COURT: Well. we don’t dispute that Samuel I. White had notice of the bankruptcy order itself. Holladay-Tobias. He may have acted under Bank of America’s name and claimed or presumed authority. MAINES: THE COURT: He’s had full notice and proper notice. because that’s what the land records And state code requires that he review the record prior It’s an to taking any legal action against the party.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 32 of 79 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 him. The fact that he took them in Bank of America’s name is between him and Bank of America. Is there any dispute but that Samuel I. not me. Your Honor. MAINES: show. what is it -. MAINES: THE COURT: MS. HOLLADAY-TOBIAS: No.. that -THE COURT: MS.what is his knowledge of this bankruptcy case intended to prove? MS. but the issues with him are with him alone.(813) 920-1466 . THE COURT: Let me turn to Ms. -.

Well. THE COURT: MS. MAINES: What else? That’s all I’m going to submit. representing Bank of America. MAINES: THE COURT: Okay. HOLLADAY-TOBIAS: THE COURT: Yes. went forward with a foreclosure proceeding based on a lien -. her showing. have a seat. She has -. Okay.(813) 920-1466 . All right. MS. that’s You won’t need to put in the piece of paper you were just talking about. that it is undisputed that the lawyer up in Virginia knew about that order. Ms. I don’t think it’s necessary. I have a plethora of other things I feel I could submit. was not held by Bank of America. based on the merits of the objection.I’m going to use my terms because I’m familiar with them. All right. it was a Deed of Trust. proved to my satisfaction that I had entered an order that disallowed the claim in part and allowed it in part on the merits based on her assertion that the lender did not have proof of holding a lien. Yes. Okay. he. So now you need to go forward and rebut JOHNSON TRANSCRIPTION SERVICE . then. All right.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 33 of 79 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: stipulated to. and it’s undisputed that notwithstanding that. So you’re resting? I rest. Your Honor. All right. but based on a Deed of Trust that I had determined. Holladay-Tobias -MS.the burden shifts to you.

HOLLADAY-TOBIAS: Yes. THE COURT: reconsideration? MS. MAINES: THE COURT: It was objected to. it. Your Honor. HOLLADAY-TOBIAS: MS. Of note. HOLLADAY-TOBIAS: It will be Docket Numbers 115.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 34 of 79 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 hearing.(813) 920-1466 . 2010. What docket numbers are they? MS. 2010. THE COURT: Has that ever been heard? No. which is the motion filed to dismiss the case for failure to make Plan payments by the bankruptcy trustee. But we haven’t had a hearing on MS. there was no Also Docket Entry 111. 2010. which was filed on August 20th. Okay. it has not. which was filed on August 27. HOLLADAY-TOBIAS: Correct.or was filed the same day the Court entered the order reclassifying the bank’s claim to a general unsecured claim on August 20th. and I can provide the Court copies.I request judicial notice of certain docket entries. You don’t need to do that. THE COURT: Sure. I would actually like the Court -. which is the motion for reconsideration filed by Bank of America of the order sustaining the objection to Bank of America’s claim. Your Honor. Okay. MS. the motion And that comes before the motion for filed by the trustee to dismiss was entered -. MS. which JOHNSON TRANSCRIPTION SERVICE . Your Honor. HOLLADAY-TOBIAS: No.

which is the motion to dismiss filed by Ms. HOLLADAY-TOBIAS: Bank of America would also like to enter into evidence the original Promissory Note. 119. MS. which is the same day she filed Docket Entries 118. filed on September the MS. And then Docket Entry 126.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 35 of 79 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 appears in two places. which were essentially all oppositions to the bank’s motion for reconsideration of the order sustaining objection to Bank of America’s claim. 120 and 121. which They were different That’s 118.Plan payments. Correct.(813) 920-1466 . HOLLADAY-TOBIAS: 8th. motions but in substance the same. HOLLADAY-TOBIAS: not confirmed. which is self-authenticating under the UCC provisions. 2010. which is the order dismissing the bankruptcy case on September 20th. 120 and is the trustee’s final report and account. 121. 119. which was filed on November 17th. 2010. And then we request the Court take judicial notice of Docket Entry 124. of which the Court has already taken judicial notice. Maines for inability to make payments -. indicating -THE COURT: What does Number 126 add to anything? It indicates that the Plan was MS. THE COURT: That’s on September the 8th. And I have JOHNSON TRANSCRIPTION SERVICE . at Docket Entry 110 and Docket Entry 112. THE COURT: All right. I would also like the Court to take judicial notice of Docket Entry 123.

HOLLADAY-TOBIAS: statute. I’m just not familiar with the UCC I was hoping you were going to cite me to something in the Federal Rules of Evidence. HOLLADAY-TOBIAS: in Virginia. HOLLADAY-TOBIAS: It’s found in Florida Statutes. let me -. Well. THE COURT: statute. and I’ll hand the Court the original. MS. MAINES: THE COURT: It is -Cite for me the self-authentication I object to that being submitted. THE COURT: ground. MS.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 36 of 79 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 copies of the original note for the Court and all parties.(813) 920-1466 . apologize to the Court. JOHNSON TRANSCRIPTION SERVICE . Well.I want to hear what her basis is first so that you can then know what her basis is and then make an informed objection. I do not have that section immediately handy. I have Ms. Chapter 673. MAINES: THE COURT: Which doesn’t apply. Virginia and Florida have both adopted the And I Uniform Commercial Code for self-authenticating notes. Alternatively. and I’m looking for the specific provision of statute. Slyapich here who can testify as to the authenticity of the note. MS. Was it a note that was made in Florida? This is a note that was signed It’s actually a Florida MS. HOLLADAY-TOBIAS: MS. MS.

MAINES: I do not have a copy of the Federal THE COURT: MS. the Rules of Evidence.excuse me. -. MAINES: I have a copy of the UCC’s from Virginia if you would like those. it is -. THE COURT: “Documents acknowledged (sic) by a I believe one of those are certificate of acknowledgment executed in the manner provided by law by a notary public or other officer authorized by law to JOHNSON TRANSCRIPTION SERVICE . in its authentication rule.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 37 of 79 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UCC -- MS.(813) 920-1466 . MS. We’re talking about authentication of an original note. it’s the opposite -. No. HOLLADAY-TOBIAS: negotiable instruments. THE COURT: We’re not talking about that here. meaning it purports to be what it is. MAINES: Do you have Article 3? I have -. There is no Now. and it talks about presentment and demands.in the Code of Virginia.4(a) Commercial Code regarding funds transfers. Title 8. THE COURT: MS. MAINES: Virginia as well. it says self-authentication is not required with respect to a whole litany of items. Number 902. THE COURT: Federal UCC. MS.but I know the Federal UCC adopted We don’t have a Federal UCC. I mean.it is what it purports to be.

where’s your exhibit -.(813) 920-1466 . that’s Subsection (8).oh. “Commercial paper and related documents. Maines. ahead and authenticate it. Let me ask this: Ms. then. Okay.” you were trying to cite to me something else? MS. HOLLADAY-TOBIAS: UCC of which I thought I had a copy and I don’t appear to have it with me. you can certainly call your Go custodian to the stand and you can also call Ms. THE COURT: by stipulation. HOLLADAY-TOBIAS: was going to present. Maines. Authenticity.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 38 of 79 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 take acknowledgments”.do you have any argument that that note is not authentic? MS. MAINES: I do not have any argument or objection. Subsection (9) Commercial paper. do you have any -. Yes. I wasn’t sure what Ms. And that’s where Supplement -I was attempting to cite to the MS. and documents relating thereto to the extent provided by general commercial law. THE COURT: Well. you’ve -MS. HOLLADAY-TOBIAS: THE COURT: Correct. Do you have an objection to -. I don’t Do you want to offer it into evidence? MS. really. Maines We were going to mark it as we went JOHNSON TRANSCRIPTION SERVICE . know. HOLLADAY-TOBIAS: THE COURT: All right. Your Honor. signatures thereon. is. is established So what you will do with that now. It’s an authentic note that was executed back in 2005.

MAINES: THE COURT: MS. MAINES: THE COURT: MS. What’s your basis? It violates Virginia Code in that it has a blank endorsement on page 2. Now Bank of America -. MAINES: THE COURT: MS. 45. THE COURT: Virginia -MS. HOLLADAY-TOBIAS: THE COURT: MS. Okay.we’ll mark Exhibit? Exhibit 1. THE COURT: Okay. And you object? Yes. Okay. THE COURT: MS. It just appeared yesterday. It was What statute are you talking about under submitted to this Court when we had a hearing on the motion to compel. MAINES: It would be under Title 55.(813) 920-1466 . MAINES: Where is that? Doc. Pardon me? It would be under Title 55. Like I said -- That document was not submitted when this Court had jurisdiction to actually view it. Let me look and see where the You’re pointing me to Docket Number 45? JOHNSON TRANSCRIPTION SERVICE .Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 39 of 79 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 along. MAINES: 1 for identification. And I object to it being admitted. this as Bank of America what? MS. I’ve got here what is stipulated to be an authentic note. ma’am. THE COURT: statute is.

do you have a copy? You’re arguing that there is some law that says that this note is unenforceable if there is an endorsement that is -MS. MAINES: THE COURT: MS. MAINES: Oh. it’s not like giving a blank check to It’s like giving a check that’s been signed to This is a note that’s been signed. MAINES: Yes. To whom? And someone else. MS. Code. but as a negotiable instrument under the UCC. I’m sorry. MAINES: I apologize. that -compel. It’s just like giving a blank check to someone. as long as the original is possessed by someone. according the law as I know it. We had hearing on it. Right.(813) 920-1466 . Where is -. MAINES: THE COURT: Right. You just cited me a law that says MS. she does. then. Doc. the endorsement cannot be in blank. And she’s not JOHNSON TRANSCRIPTION SERVICE . 45 was the motion to THE COURT: MS. No. THE COURT: No. MS.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 40 of 79 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 someone. MS. It was not produced at that hearing. Right. MAINES: THE COURT: It has been signed to Countrywide. it need not be specifically endorsed. And this lady here has this Note. Title 55 of the Virginia THE COURT: Right. MAINES: Not that it is unenforceable.

(Bank of America’s Exhibit 1 is marked for identification and admitted into evidence. THE COURT: I’m overruling your objection because the state of the law as I know it. even if a note is not specifically endorsed to an assignee. MAINES: Correct. along with the original copies -THE COURT: Okay. Miss Garcia. Okay. So.okay.(813) 920-1466 . I’ve actually provided. that’s fair.) MS. you’re going to have to make a copy of this original. Mark that as Bank of America Exhibit 1 for identification. HOLLADAY-TOBIAS: to copy it. And had Bank of America been the proper party to -.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 41 of 79 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Countrywide. Your Honor.as a holder of the note. HOLLADAY-TOBIAS: And. THE COURT: Okay. Is that what you’re saying? MS. JOHNSON TRANSCRIPTION SERVICE .so the Court does not need MS. the owner and possessor of it has standing and owns the rights to the note. -. they would have appeared at the hearing under the motion to compel to produce it showing that it had been endorsed to them. MAINES: THE COURT: MS. which I am admitting into evidence. You’re objecting because you’re saying it’s not relevant to Bank of America’s claim because Bank of America appears nowhere in here. Well -.

After that. At this time I would like to MS. California. Ms. (The court reporter asks the witness to speak louder. SLYAPICH: I do. was examined and testified as follows: DIRECT EXAMINATION BY MS. Karen Jean Slyapich. Ms. COURTROOM DEPUTY: Raise you right hand.Bank of America. So.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 42 of 79 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: All right. Slyapich? I’m employed by Bank of America in Simi Valley. Go ahead and take the stand. Miss Garcia will return the original note to Ms. KAREN SLYAPICH having first been duly sworn by the courtroom deputy. HOLLADAY-TOBIAS: call Karen Slyapich -THE COURT: All right.) JOHNSON TRANSCRIPTION SERVICE . HOLLADAY-TOBIAS: Q A Q A Can you please state your full name for the record. Do you solemnly swear that the testimony you are about to give will be the whole truth and nothing but the truth so help you God? MS. and Miss Garcia will swear you in.(813) 920-1466 . or what testimony do you want to elicit? MS. HolladayTobias. what else do you want to enter into evidence. -. Slyapich. HOLLADAY-TOBIAS: THE COURT: All right. And where are you employed.

-. HOLLADAY-TOBIAS: Q A Q A Q A Q You could repeat your name for the record. In your capacity as a bankruptcy specialist litigator Try again.? I am. And where are you currently employed. From your experience as a bankruptcy litigation JOHNSON TRANSCRIPTION SERVICE . Marsha Maines? Yes. are you familiar with the loan that we are here today to discuss? A Q A Q Yes. Ms. Slyapich? Bank of America located in Simi Valley. What is your title or position with Bank of America? I am a Bankruptcy Specialist Litigator Level 2.) THE COURT: THE WITNESS: BY MS.(813) 920-1466 .Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 43 of 79 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Give us a test. In your capacity as a litigation specialist with Bank of America. Are you familiar with Countrywide Home Loans. Is that on? (The witness’s microphone is turned on. Karen Jean Slyapich. And that would be the loan to Ms. are you also familiar with corporate transfers -A Q A Q A Q Yes. Hello? number 2. Inc. California.and successor companies? Yes. I am.

are you also familiar with the entity known as Countrywide Home Loan Servicing. BY MS.. Inc. the name changed to BAC Home Loan Servicing. 2011. We are the servicer. This is a Freddie Does that mean that there’s no servicer Mac loan owned by Freddie Mac. ma’am. THE COURT: All right. N. LP. what entity? A There is a tree. but the actual parent of Countywide Home Loans.. LP. and we are the servicer. In your capacity as a bankruptcy specialist for Bank of America. In 2009.(813) 920-1466 .A. It’s just the owner. Q A Q Bank of America. I am. and in July of this year. Inc. Thank you. is Bank of America. are you familiar with who currently owns Countrywide Home Loans. LP? A Q Yes. National Association? Yes. THE COURT: for this loan? THE WITNESS: THE COURT: THE WITNESS: THE COURT: THE WITNESS: Bank of America. It’s the owner and the servicer? Yes. ma’am. ma’am. HOLLADAY-TOBIAS: JOHNSON TRANSCRIPTION SERVICE . Is Countrywide Home Loan Servicing. that was merged into Bank of America.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 44 of 79 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 specialist. currently in existence? A No longer.

HOLLADAY-TOBIAS: Your Honor. ma’am. collection actions taken in reference to Ms. yes. I do. I have. Maines’s loan? A Q Yes. Based on your review of Bank of America’s records. In your capacity as a bankruptcy litigation specialist. may I approach the JOHNSON TRANSCRIPTION SERVICE . Maines’ loan? A Q Yes. are you aware whether a satisfaction of the Deed of Trust or satisfaction of a mortgage has been filed in property records? A It has not. do you have access to records of Bank of America showing history and servicing of the loan? A Q Yes.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 45 of 79 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q Are you familiar with securitized trust mortgages? I’m familiar. it is not. are you familiar with activities. Have you reviewed the records of Bank of America relating to the history and servicing of Ms. Do you know whether Ms. MS. In your capacity as a bankruptcy litigation specialist with Bank of America. Maines’s loan is part of a securitized trust? A Q No.(813) 920-1466 . Maines’s loan has been satisfied? A Q It has not. Based on your review of Bank of America records and in your capacity as a bankruptcy specialist. do you know whether Ms.

excuse me. MS. HOLLADAY-TOBIAS: Q up. HOLLADAY-TOBIAS: Q A Q Have you had time to review this document. there was not. in connection with the -. THE COURT: That’s the Certificate of Acknowledgment? Yes. executed or signed by Bank of America? A No.(813) 920-1466 . Slyapich. it was not. HOLLADAY-TOBIAS: Q Ms. Was Exhibit 3. back In your capacity as a bankruptcy litigation specialist and your knowledge of this loan. do you know whether any documents were filed by Bank of America concurrent with the Certificate of Acknowledgment or Deed? A No. BY MS. 2006. Ms. HOLLADAY-TOBIAS: I have no further questions for JOHNSON TRANSCRIPTION SERVICE . Slyapich. Slyapich? Yes. BY MS. the Certificate of Acknowledgment for the attached Deed dated February 21st.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 46 of 79 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 witness? THE COURT: Yes. BY MS. THE COURT: You need her to testify about that? I can read that with my own eyes. Maines earlier today at this hearing. Ms. I’ve seen this document. HOLLADAY-TOBIAS: Deed. with the attached MS. I have handed you Exhibit 3 which was offered by Ms. ma’am.

Your Honor.(813) 920-1466 . How long have you been employed by Bank of Slyapich? America? A Q A Q A Q For a year. Were you made aware that BAC Home Loan Servicing. Maines. 2011? MS. CROSS-EXAMINATION BY MS. THE COURT: All right. I was not.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 47 of 79 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ms. THE COURT: All right. MAINES: Q A Q I’m not sure how to pronounce your name. I’m going to sustain the objection based on the fact that you have not laid a foundation for the question. Were you employed by Bank of America in March of 2010? No. HOLLADAY-TOBIAS: Objection. Ms. you now have the opportunity to cross-examine Ms. which means you’ve got to get her to admit -you’ve got to get her to admit that the bank had lost it at JOHNSON TRANSCRIPTION SERVICE . had sent me a document stating that the note had been lost as of March 1. Slyapich concerning the things that she just testified about. Slyapich. Slyapich. characterization and questioning without the document present for the witness to review. LP. One year? Uh-huh. Slyapich.

BY MS. See if she is familiar And you gave the pinpoint cite for that as Docket Number -. MS. MAINES: Q A Q A Ms. Thank you. would you be able to read it for the Court? THE COURT: with it. Slyapich. BY MS. MAINES: Q A You said you had reviewed the record? Uh-huh. MAINES: Thank you. MAINES: THE COURT: MS. Q If you were to review a document. Are you familiar with Docket Number 130? I do not know all the documents that are on the docket by memory.you said 43? MS. THE COURT: You have to make your remarks audibly like with a yes and no. MAINES: THE COURT: 130. You can stand behind the lectern now.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 48 of 79 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 some point in time.(813) 920-1466 .Docket Number 130. have you reviewed the record in this case? I have. 130. Document -. page 43 of 72. because basically you’re saying that they lost it. JOHNSON TRANSCRIPTION SERVICE . and it’s page? Page 43 of 72. All right. Show it to her.

Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 49 of 79 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MS. Maines. she’s read it. 2010. is it within the bank’s records? I could not say for certain. that means she put it in the JOHNSON TRANSCRIPTION SERVICE . LP. Virginia. Q And the date of that document. to enforce the note. you may petition the Circuit Court of Frederick County. does that appear to be a document that’s within the records that you’ve reviewed? THE WITNESS: docket. Slyapich. the highlighted portion at the top? A Q It was dated September 30.got a docket across the top. Well. but she hasn’t authenticated it.(813) 920-1466 . Ma’am. THE COURT: Now. for an order requiring the beneficiary to provide adequate protection against any such claims. Thank you. I know it It is a part of a file document on the is officially -. misplaced. Ms. or destroyed and is unavailable. THE COURT: THE WITNESS: Well. please. If you believe you may be subject to a claim by another person or entity other than BAC Home Loan Servicing. MAINES: Q A Could you read the highlighted portion. Take notice that the original note evidencing your indebtedness has been lost. Ms. THE COURT: docket.

does that document that you just read appear to be a template form that most attorneys would send out to homeowners when preparing for a foreclosure action? MS. MAINES Q Does the home office Bank of America typically send I do not know. All right. THE COURT: All right. BY MS. notices like that by counsel to homeowners that their records -. Do you recognize that as a document that was sent with the authority of Bank of America by its counsel. it And there is a was sent out by counsel on behalf of the bank. Thank you.Bank of America’s records show are in debt or in default? If a homeowner is in default according to Bank of America.(813) 920-1466 .Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 50 of 79 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: THE COURT: Uh-huh. So you don’t need to I’ll sustain it. HOLLADAY-TOBIAS: THE COURT: answer that. JOHNSON TRANSCRIPTION SERVICE . or do you know? THE WITNESS: THE COURT: BY MS. Does it look like something that Bank of America would send out typically if the bank couldn’t find a note? THE WITNESS: This was not sent out by the bank. second paragraph. MAINES: Q What is Bank of America’s standard operating procedure Objection to the relevance.

JOHNSON TRANSCRIPTION SERVICE .(813) 920-1466 . And what loan history did you use? The borrower’s loan history. The loan history. MAINES: Objection to the relevance.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 51 of 79 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 when an employee discovers that a homeowner is in default of a loan? MS. Why did Bank of America start a foreclosure against her? THE WITNESS: BY MS. Ask her that. HOLLADAY-TOBIAS: MS. MAINES: THE COURT: Yes. MAINES: Q What were you reviewing? Are you looking at a computer screen? Are you looking at original documents when you make these decisions? THE COURT: You want to know why it is that the foreclosure was started against you? MS. MAINES: Q A Q A Lack of payments. I’m trying to determine in my mind how an employee of Bank of America would initiate a foreclosure action through their counsel when the only thing they have to rely on is what? BY MS. no payments were made. According to the loan history. I’m trying to determine how Bank of America contacted this counsel to initiate foreclosure actions when it states that the note was lost. According to what? Lack of payments.

procedures --.procedures are. Okay. And how did you obtain the information? A Q A Q Did you input it yourself? There is a loan history screen that we can obtain. You simply bring something up on a computer screen and the computer screen tells you whether or not somebody may or may not be in default? MS.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 52 of 79 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q The borrower’s loan history.(813) 920-1466 . I don’t think she’s a competent witness. MS. -. MAINES: THE COURT: MS. You were asking her what the standard -- or what the -MS.your point is they don’t check to see that they have the original JOHNSON TRANSCRIPTION SERVICE . She wasn’t there when the foreclosure was Objection to relevance. So you’re saying you don’t actually have the legal documents or the instruments in front of you when you make a determination. Okay. HOLLADAY-TOBIAS: compound. Is that right? THE WITNESS: THE COURT: That’s right. MAINES: THE COURT: initiated. MAINES: THE COURT: Standard operating -Standard operating --. It shows the history of the loan payments received.or the standard practices. So they don’t check to see -. MAINES: THE COURT: MS.

you’ll have -That’s a matter for the state court. I’m going to sustain your objection.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 53 of 79 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 note. The fact of the matter is. not whether their foreclosure would be valid otherwise. that’s an appropriate area of inquiry. THE COURT: court? Well. the original note is here in this room. so. MAINES: And it was nullified by a Note Modification Agreement. they go by the screen. And do you recall what the note modification agreement what the terms and conditions of it were? JOHNSON TRANSCRIPTION SERVICE . MAINES: THE COURT: the bank rests. You’ll have your turn for rebuttal after If you want to ask her about that while she’s I’ll on the stand now. And how is that relevant here? It’s hearsay. Slyapich. let you do that so that you don’t have to re-call her. MAINES: THE COURT: MS. are you aware that there was a note modification agreement done? A Q Yes.(813) 920-1466 . MS. Well. isn’t that a matter for the state Right. BY MS. MS. THE COURT: MS. you can -. Anybody can put anything You’re contesting here whether this bank should have done something different based on my order. MAINES: Q Ms. MAINES: in a computer.

(813) 920-1466 . do your job are based on the note modification agreement? MS. I do not. MAINES: THE COURT: Is it Note Modification? It is Loan Modification Agreement. THE COURT: I’ll sustain it.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 54 of 79 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q is? A Q No. Okay. it is. Break it down. I could not pull that off the top of my head. When a bank does a note modification agreement with a borrower. Do you know where the original note modification agreement No. What’s the name of the Is it Note and Mortgage? Is agreement just so I have it down. So you would have known about the note modification And the numbers and figures that you rely upon to Is it updated on your agreement. and rely on -. typically does it go into effect? computer screen? A Q Yes.you rely on a computer to accurately describe the payments that are due under a note modification agreement? THE WITNESS: THE COURT: MS. MAINES: THE COURT: Yes. All right. Okay. All right. HOLLADAY-TOBIAS: compound. we do. once the documents are executed by both parties. Loan Mod. it Note in Deed of Trust? MS. I kind of JOHNSON TRANSCRIPTION SERVICE . I have no further questions. You Objection to relevance. Thank you.

Any redirect based on the was referenced by Ms. MS. MAINES: THE COURT: cross? MS.they’ve made their opposition. do you know whether it replaced the original Promissory Note or modified the terms? A It modified the payment terms. Based on your review of that document. HOLLADAY-TOBIAS: of questions. THE COURT: testimony.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 55 of 79 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 interrupted you. Any rebuttal documents or I have nothing further at this All right. This is where now the burden shifts back to you after you proved certain things and they made their rebuttal -.excuse me -. HOLLADAY-TOBIAS: Q Are you familiar with the Loan Modification Agreement that Yes. Maines a moment ago? A Q I have seen it. You may step down. HOLLADAY-TOBIAS: THE COURT: Slyapich. Your Honor. And JOHNSON TRANSCRIPTION SERVICE . Did you have any other cross- examination questions that was based on her direct testimony? MS. I do not. Ms. No further questions. Ms. Your Honor. Maines.(813) 920-1466 . Ms. Holladay-Tobias? MS. Ms. REDIRECT EXAMINATION BY MS. All right. just a couple No. Maines? Okay. Anything else. HOLLADAY-TOBIAS: time.

(813) 920-1466 . which to me would be encouraging because the opportunity to modify it or settle it is greater than if it were.I think that a fair construction of her testimony is that page 43 that you showed her out of Docket 130 is something that she probably would not question as having come from Bank of America. MAINES: I appreciate your guidance. and that the modified payments would have been added to the computer screen. And so I’m not sure that she did testify JOHNSON TRANSCRIPTION SERVICE . The only rebuttal I have is that I don’t believe that an employee of Bank of America who has been there less than a year has the depth of knowledge of the consequences of her testimony and how it could affect many homeowners across the country. that the loan still shows as outstanding. MS. signed or acknowledged by anyone with the bank. That -. She testified that the loan is not a part of a securitized trust. THE COURT: No. computer records. She was familiar with the history of the loan through. And that she is aware that a loan modification agreement exists. that your Exhibit Number 3 was not executed. we only care about you right now. that no satisfaction has been filed. although she can’t authenticate it. She testified to the chain of ownership and the merger.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 56 of 79 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 now you have an opportunity to wrap it up with rebuttal testimony or evidence. I guess.

So you tell me what you think the record shows and why And I do under the law. take the legal arguments where you will tell me what you believe that you -. MAINES: THE COURT: rebuttal case? MS. Okay.well phrased. Maines. Nothing in the rebuttal. you have the right to start with your closing argument because you have the burden of proof. in favor of the bank.that the facts show and what the law -. All right.how the law applies to those facts to lead me to believe that I should rule in favor of Ms. Freddie Mac. know why possession in your hands means the Bank of America owns that note. And so I don’t I’m sorry. ma’am. you believe you win. alternatively. All right. Okay. is that Ms. then. MAINES: THE COURT: MS. and which law. Slyapich said that this loan is owned by Fannie Mae. Maines or. because I do. And one thing. MAINES: THE COURT: rested. both parties have At this point in time we’ll That’s well stated -. Ms.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 57 of 79 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 about anything that would harm people generally. Anything else you want to raise in your The trial is concluded.(813) 920-1466 . Freddie Mac. I want you to focus in on. Holladay-Tobias. no. JOHNSON TRANSCRIPTION SERVICE . Ms. MS. MS. SLYAPICH: THE COURT: Excuse me. Anything else -- Very well paraphrased.

trying. Taylor who is taking down this record. MS.do me a favor. you have to read it slowly in respect for Ms. MAINES: All right. if you’re reading from something. retained -THE COURT: If you’re reading -. I’m not sure how much stock you can put on my order. THE COURT: One moment please.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 58 of 79 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 want you to address the rules that talk about the consequences of a dismissal and the consequences of a motion for reconsideration that is filed timely. MAINES: Motion -THE COURT: The consequences of a dismissal of the I’m sorry. Because based on my reading of the rule and the Code. whether citizen or not. for a permanent injunction.(813) 920-1466 . MAINES: The issue we’re here about today is the motion on contempt. Thank you. Go ahead. MS. So just JOHNSON TRANSCRIPTION SERVICE . could you repeat that? case under the Bankruptcy Code and the consequences of a timely filed motion for reconsideration. (The Court speaks to the courtroom deputy) THE COURT: MS. And we are not trying the motion for That is not the issue that we’re reconsideration today. and for sanctions for violation of a court order. so fundamental that even under Roman law and its system of domestic slavery all men. Men’s right of contract is considered very fundamental.

transferable to another person by a trustee or by a court of equity in the event that a trustee should choose or by such court should equitable jurisdiction arise. MAINES: Oh. book. And after all the parties involved received notice of that order. Okay. MS. or is it a void order? If it’s a valid order. whether citizen or not. it’s: Did this Court have jurisdiction after proper notice was given to all parties. just read it more slowly. Men’s right of contract is considered so Pretend like you’re reading a child a bedtime fundamental that even under Roman law and its system of domestic slavery all men.was it a valid order. Since the issue before us today is very. proper opportunity to be heard was given. MAINES: THE COURT: MS. It is The trust implied right of contract is alienable. MAINES: THE COURT: MS.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 59 of 79 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 read it -. It is understood to derive from a man’s creator and therefore is unalienable without his consent or waiver. then it’s been published on the public record. very simple.you can read it.(813) 920-1466 . if one party chooses to act in violation JOHNSON TRANSCRIPTION SERVICE . I don’t mind that. A man’s right of contract can only be contracted away. I’ll start again. Maybe not that slowly. and did that order -. and after all facts were presented was an order issued. retained this fundamental right.

it’s been violated. and that when relief was granted. et al v. they’re held in contempt. But. That’s the In Elliott. even prior to a reversal. in opposition to them. They constitute no justification.S. that’s the duty of the court. And I believe the Court should enforce its JOHNSON TRANSCRIPTION SERVICE . it has a right to decide every question which occurs in the cause.” My position is that Bank of America is a trespasser. They are not voidable. “Where a Court has jurisdiction. and form no bar to a recovery sought. they acted in direct violation of this Court’s authority. and I think court to uphold and enforce the law. and whether its decision be correct or otherwise. definition of contempt. are considered. a petition to this Court was made for dress of grievances suffered. if it act without authority. 26 U.(813) 920-1466 . as trespassers. its judgments and orders are regarded as nullities. in law. that the Court granted me relief and others violated the Court’s authority. and all persons concerned in executing such judgments or sentences. THE COURT: MS. 328. et al. I think that my position here. until reversed. its judgment. MAINES: Anything else? I think it’s the most basic duty of a The law is written. but simply void. it states. I think it should be enforced. is regarded as binding in every other Court. that while this Court had full jurisdiction. Piersol.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 60 of 79 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 after receiving notice.

Several courts have held that property rights include a security interest in property. which is a bankruptcy case out of the Northern District of Illinois in 2003. 866. Thank you. it is the bank’s position that the bankruptcy case was in fact dismissed. well. THE COURT: Even where the lien was determined by court order not to even exist by virtue of.R. There was no discharge and there was no plan confirmation. MS. Under Title 11. specifically 349(b)(3). HOLLADAY-TOBIAS: In this case -. Cases that have held this include In re Groves. upon a dismissal. MS. Bank of America does not contest that this Court had authority to enter the order it did during the bankruptcy case. Holladay-Tobias. 289 B. Section 349. 665. whatever the insufficiencies might be. such as a mortgage or a lien. And also In re Booth.(813) 920-1466 . unless the dismissal order states otherwise. Your Honor. which is a bankruptcy case out of the District of Kansas.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 61 of 79 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 authority. which is found at 27 B.there are some JOHNSON TRANSCRIPTION SERVICE . a property is reverted to the estate and the entity in which the property was vested immediately before the commencement of the case. THE COURT: All right.R. Ms. However. HOLLADAY-TOBIAS: Thank you.

which I have handed you. the Court entered the order reclassifying the claim to an unsecured claim because prior counsel for Bank of America failed to attend a hearing to provide proof of the claim. THE COURT: Do you have a copy of that? I do. MS. Those cases include Mirzai v.R. In fact. Kolbe Foods. Then the debtor JOHNSON TRANSCRIPTION SERVICE . would apply to disallowance under that scenario? MS. Maines? I do. and the objection was granted and the claim was disallowed in its entirety. This is a case where she alleged that the bank held no And so you’re arguing that 349 secured claim on the merits. just to reset a little bit. Your Honor. 647.. In Mirzai. in this case. HOLLADAY-TOBIAS: THE COURT: This is not a case where there was a strip off or a cramdown.Inc. which tends to eliminate or reduce a lien because of the artificial provisions of the Bankruptcy Code. There was a motion for reconsideration filed which was never heard. An objection to the claim was filed by the debtor. MS.(813) 920-1466 . there was a proof of claim filed by Kolbe Foods.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 62 of 79 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 cases that talk about disallowance of the securetized or the lien itself. Prior counsel stated that they missed the hearing due to a calendaring error. HOLLADAY-TOBIAS: THE COURT: Do you have one for Ms. HOLLADAY-TOBIAS: Yes. which is 271 B.

HOLLADAY-TOBIAS: the borrower contended that the bankruptcy court disallowing a proof of claim was a final order and entitled to res judicata effect. “A.page 5 -THE COURT: Okay. HOLLADAY-TOBIAS: It’s entitled. In that case. The court then goes on to talk about the purpose of Section 349. MS. -. Maines says here. provides that JOHNSON TRANSCRIPTION SERVICE .Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 63 of 79 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 voluntarily dismissed the case before a discharge or plan confirmation. And the debtor further argued that the dismissal of the Chapter 11 case left intact the order disallowing the proof of claim. Down here where it starts Head Note 5: Governs the effect of dismissal of the bankruptcy case. the district court held that the disallowance order was not entitled to res judicata effect as it was not considered a final order.” THE COURT: Yes? There’s a discussion here that MS. Specifically -Where are you? What page? THE COURT: MS. Res Judicata. which is to undo the court order disallowing the proof of claim in the first Chapter 11 case.the page number’s at the bottom of the page -. MS. THE COURT: Which is what Ms.(813) 920-1466 . HOLLADAY-TOBIAS: Maines is saying here. which is very similar to our case here.in the discussion section. HOLLADAY-TOBIAS: If you go to -. Which is exactly what Ms.

however. the debtors in those cases requested that certain orders during the bankruptcy case -THE COURT: Be preserved.” The next paragraph: “The dismissal of the bankruptcy The court case does not entitle the debtor to a ‘fresh start’. THE COURT: Be preserved. Be MS. HOLLADAY-TOBIAS: preserved following the dismissal. is not specifically enumerated. A disallowance of a proof of claim under Section 502(b).just to summarize here briefly. MS. Be preserved.” which included -. The court further notes that the intent of 349 was to “undo the bankruptcy case as far as practicable and to restore all property rights to the position in which they were found at the commencement of the case. And in both of those cases. JOHNSON TRANSCRIPTION SERVICE .be pending after dismissal.“the return of the status quo.skipping down a little bit -. which are. But they go on to note that the order disallowing the proof of claim was not preserved. Stewart.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 64 of 79 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 certain orders and judgments vacated by a dismissal. and Williams v. HOLLADAY-TOBIAS: I’m sorry.(813) 920-1466 . also then goes on to cite two other cases which the bank feels are persuasive. unless preserved by the bankruptcy court for cause. both of which -. -.” So they’re indicating that it’s not a specifically enumerated reason for a discharge. In re Case. sorry.

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the courts held that the orders did not survive the dismissal because otherwise it would essentially give the debtor the benefit of the bankruptcy without having gone through plan confirmation or discharge. And if you go onto page 6, the second column -THE COURT: Yes? -- it says: Here the

MS. HOLLADAY-TOBIAS:

bankruptcy court properly found that the order disallowing the proof of claim was not final and therefore was not entitled to res judicata effect once the case was dismissed. essentially what we are arguing here. Here the case was not disallowed in its entirety as in Mirzai, but it was disallowed as to the secured status. And Which is

one other thing I would point out in Mirzai*, it’s noted also on page 6 in the second full paragraph, is that in that case the proof of claim was denied due to a proof defect, a technical defect. Kolbe Foods could not show that it had a And the Mirzai

corporate status; the status was suspended.

court further said that given this technical defect that could be cured was further reason not to give effect to the order to allow it to be preserved following dismissal. THE COURT: All right. Anything else? Yes, Your Honor. I have cases

MS. HOLLADAY-TOBIAS:

that I can give the Court generally stating that dismissal puts all creditors in the same position that they were on the date

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of the filing of the petition, which would essentially revert BANA back to whatever status it may have held prior to the Petition, and then the parties can fight it out in state court as to whether BANA is the rightful holder or not and the standing to foreclose. Your Honor inquired regarding the impact of this being a -THE COURT: Freddie Mac? -- Freddie Mac-owned mortgage.

MS. HOLLADAY-TOBIAS: Under the UCC -THE COURT: right? MS. HOLLADAY-TOBIAS:

You’re talking about Virginia’s now;

Yes.

Yes, Your Honor.

Under

Virginia Code 8.3-301, the right of a party to payment under a negotiable instrument depends on his status as a holder. And a

holder is further defined as one who is in possession of an instrument issued or endorsed to him or to his order, to bearer, or in blank. That second definition is found at

Virginia Code Section 8.1-201, Section 20. And there are several cases in Virginia talking about the status of a note holder and their ability to foreclose, including Becker v. National Bank and Trust, which is found at 284 S.E.2d 793, which is a Virginia Supreme Court case. THE COURT: So basically, if the servicer holds it,

the servicer is considered to be the owner for purposes of the

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foreclosure? MS. HOLLADAY-TOBIAS: THE COURT: Correct.

And then the servicer just needs to deal

with the fact that it’s got someone else that claims to be the owner. MS. HOLLADAY-TOBIAS: Correct. And further, I mean,

as long as you are the holder, the mortgage, for purposes of UCC law and Virginia law, the mortgage transfers in equity to the holder of the note for purposes of enforcement. THE COURT: What if the holder stole it? What the UCC law is is that the

MS. HOLLADAY-TOBIAS:

holder of the note, provided it is endorsed to him or endorsed in blank, is the rightful holder. Generally, courts do not

inquire further to defeat standing provided the initial threshold is met. THE COURT: What happens if Freddie Mac one day comes

after Ms. Maines and says, “pay me,” after she’s already making payment arrangements with Bank of America? MS. HOLLADAY-TOBIAS: on behalf of Freddie Mac. THE COURT: Well, I get that. But what if, like I Well, Bank of America is acting

said in, let’s say, the absurd example that the note was stolen -MS. HOLLADAY-TOBIAS: THE COURT: In the event that --

-- and then a rightful owner comes around

JOHNSON TRANSCRIPTION SERVICE - (813) 920-1466

JOHNSON TRANSCRIPTION SERVICE . and so it’s really not owned by Jane Smith? MS. then. And if you had. You have the right to give a brief rebuttal argument. do you have authority to settle this case with Ms. Maines would have the defense that she was dealing with a person that she understood to be the holder and possessor of the note with authority to act on its behalf. in particular. I will give you all -. Anything else? No. you know what the law shows.let me ask Ms. Maines today? MS. HOLLADAY-TOBIAS: Well.(813) 920-1466 . MS. Your Honor. that note was stolen right out of my file by one of those robo signers we used to have.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 68 of 79 68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and says: Nope. according to some other cases. HOLLADAY-TOBIAS: THE COURT: Okay. I will give you a half an hour and only a half an hour to go down the hall to Judge Williamson and he can pick up where Judge Porcelli left off. the case law seems to suggest that 349 puts everyone back to the status quo and that my order doesn’t mean anything after you dismiss it unless you had asked me to preserve it. You all know what the And I’ll give you a record shows. which you didn’t. THE COURT: All right. it might be improper for me to have preserved it. Ms.Slyapich. SLYAPICH: THE COURT: I do. that’s it. We also have a motion for reconsideration that’s never been heard. -- make sure I’m going to say this right -.

And if not.) THE COURT: All right. HOLLADAY-TOBIAS: THE COURT: All right. I’ll poll the parties. will you let Judge Williamson know that the parties are headed there. Ms. I’ll make my ruling. Ms. I will brief him. Miss Garcia. Maines? MS. Your Honor. and then go down the hall to the south and then take a left when you get to the end and go on back. Your Honor. Go on down -. ma’am. Garcia. and here’s why: I find that the record reflects the following based on judicial notice of the record and the contents of certain matters of record. Would you like to have that opportunity. yes or no? MS. HOLLADAY-TOBIAS: THE COURT: All right.m. Is I’m going to meet them there and there a need for me to announce my ruling.(813) 920-1466 . Thank you. Yes. Maines. MS. do you have all the exhibits that you can hand up to me.m. Ms. (Recess held from 3:30 p.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 69 of 79 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 half-an-hour chance to try to get to settlement. MAINES: Sure. please? I’m going to deny your motion. MAINES: Yes. The Chapter 13 Trustee did move to dismiss your case based on nonpayment on August the 20th of 2010.go outside here MS. to 4:11 p. and JOHNSON TRANSCRIPTION SERVICE .

Seven days later. was filed timely under either 9023 or 9024. a motion for reconsideration was filed by Bank of America that would meet the requirements of Rule 9023 or 9024 if the allegations were proved.and that was after a default. And that’s really rather irrelevant because it’s the matters that appear after that that are what’s at the crux of this dispute.that’s at Docket 112 -. you did not couple That motion that with a request that I preserve the order disallowing the claim as secured and allowing it as unsecured.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 70 of 79 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that’s at Docket Number 111. On the same day. I entered my order disallowing Bank of America’s claim and characterized -. and all I can say is that today the holder of the note is Bank of America. it is true that the original Promissory Note is physically in this room today. before me there was a dispute and a request that I rehear the matter so that I don’t resolve the matter by default but rather on the merits.secured claim. and characterizing the claim as unsecured -. nor did you ask me to retain jurisdiction to dispose of the motion for reconsideration. And so as a matter of the record at the time. And at the time.(813) 920-1466 . Now. On September the 8th. Whether that holder status is impressed with some duty to do something on behalf of JOHNSON TRANSCRIPTION SERVICE . you filed a motion to dismiss your case voluntarily.

is on the docket -. if any. Now. of the loan.excuse me -. page 2 of that note -. although there was a suggestion in the record based on a document that couldn’t be authenticated that at some point in time Bank of America thought it lost the note. at least. back in the time period after September the 8th when you sought to dismiss the case or we actually dismissed the case. is irrelevant because the UCC does say that the holder of the note is permitted to exercise or assert.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 71 of 79 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the original owner -. affecting the aforesaid property. to all rights. Ms. Anyway. JOHNSON TRANSCRIPTION SERVICE .or the actual owner. today’s record doesn’t establish one way or the other the ownership of the note at any time other than today. Maines. and that date is a matter -. I think a fair inference is that Bank of America has held it all along. however. Now. the Deed that you referred to in your opening statement and is in evidence as Exhibit Number 2 is really rather irrelevant to your case. I don’t know who the holder was or is.but if it’s after dismissal and before today. This conveyance is made subject.(813) 920-1466 .Deed says: And in fact. All that is is a transfer of fee title from your former spouse to you so that you’re the sole fee-title owner of that property. rights of way and easements of record. and I can make no determination on that because there was no proof about who has held the note since the case was dismissed up to the time of today. I should say. the rights that a holder has under the note.

didn’t have it. Holladay-Tobias cited me. and I don’t know if you had a chance to read this. as you said.I believe in finality. Now. we’re not in a vacuum. and the law says. And if there had been a trial and proofs and everything.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 72 of 79 72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 You went ahead and you accepted that Deed on its terms. and that’s evidenced by Exhibit 3. I’m not sure I would go as far as the California court went in this Mirzai case. But I’m You’ve And so the facts are constrained to follow the law. There is some language in that decision that’s attractive to me insofar as it talks about the technical reason for the denial of the claim in the Mirzai case.(813) 920-1466 . but the Mirzai case. If I had had a full-blown hearing on the merits and I had disallowed the claim because they didn’t -. M-i-r-z-a-i. Because if it’s tried once. I have to tell you that the case that Ms.it’s pretty on point in terms of the facts of that case and this case. I don’t think that this Mirzai case should apply because I don’t -. and Section 349 specifically says what it says. I don’t see why that kind of an order would not be given res judicata effect. I’m stuck with the Bankruptcy Code. And although the law that you cited is very good law in a vacuum. what is the effect of the dismissal? argued that my order sticks no matter what.couldn’t prove it. is -. no JOHNSON TRANSCRIPTION SERVICE . those that I’ve just found. Now.

And I know that we haven’t had the hearing on the motion for reconsideration. that I would follow Mirzai 100 percent. JOHNSON TRANSCRIPTION SERVICE .Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 73 of 79 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 matter -. but Rule 62 of the Federal Rules of Civil Procedure says that a final order or judgment is stayed. based on the facts of this case. there hasn’t been a full-blown trial on the merits. and it’s to be distinguished if you’ve got a claim that doesn’t exist in the first place. that’s an odd duck because its effect on my order. meaning it’s not effective until a motion under Rule 59 of the Federal Rules or 60 of the Federal Rules is disposed of. that’s it. But what is attractive is the language that says where it’s been done on a technicality. It’s different if you cramdown a lien or you But I’m not so sure I would buy into all of strip off a lien.anywhere on whether someone holds the claim or not. Now. the holding of this case. So I don’t believe that. and none of the parties discussed this. You shouldn’t get two bites at the apple. in particular. then they shouldn’t get a second bite outside of bankruptcy. I’m not -. I think it’s different. 349 talks about liens that are avoided and things like that.I think that 349 would provide the rule of decision here.(813) 920-1466 . the motion for reconsideration. If Bank of America couldn’t proved it in the bankruptcy case.

(813) 920-1466 . our counterpart to Rule 59 and Rule 60. but perhaps conversion to a 7 would have been better for you because then you don’t have 349 kick in. you know. Rule 62. And. when you look at it. it’s -. you have to ask for it. I had an order.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 74 of 79 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Now. the appropriate response by Bank of America would have been to ask that Rule 62 be applied to the contested matter. But when you go to law school. our counterparts are 9023 and 9024.if you didn’t have 349. though. not contested matters like this one. you’ll learn that it’s not the words of the statute that really controls. and it gives the list of the ones that automatically apply.I don’t fault you. which. money to pay into the Plan. and maybe one day you will. it was an unstayed order. Ms. And then you had 349. And so as a matter -. because that order was final. then it doesn’t apply to a contested matter. in bankruptcy only applies to adversary proceedings. Rule 9014. Maines. I don’t know whether you did I know you didn’t have the that as a tactical matter or what. it doesn’t jump out at you that it’s going to be the controlling statute. it’s JOHNSON TRANSCRIPTION SERVICE . Maines. Ms. Now. But outside of the ones that Rule automatically apply. however took effect the minute you dismissed the case. 369. And we know that because Rule 9014 is the rule that says unless you ask for it. 62 is not in there.

or do you want to have me decide it by entering an order denying it as moot because of 349. THE COURT: You know. have a motion for reconsideration pending. I don’t know where you live. I am going to deny your motion for an injunction and for contempt. HOLLADAY-TOBIAS: Bank of America’s preference would be to deny the motion for reconsideration as moot and have any arguments Ms. I have a case I don’t know that’s opened -. Maines. because the original note isn’t effective anyway. and I’m going to ask for a consensus on this. Ms. I would have said this isn’t even a close case. and then in that case you’d go over to your state court and battle it out there. Now. where do we go from here? You have a couple of I still choices.or reopened for specific things. Maines would have to challenge it brought in the state court proceedings. frankly. MS. I don’t know how long it’s been since you made a payment. for your purposes. And clearly if I thought that Mirzai was 100 percent controlling. whether you want me to go ahead and rule on the motion for reconsideration here. MS. MAINES: Do you live down here? I’ve been a resident of Florida since JOHNSON TRANSCRIPTION SERVICE . But because of the technicality.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 75 of 79 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the judicial gloss or the judicial spin on how the courts interpret it.(813) 920-1466 . but certainly you’ll be buying more time if you duke it out in state court.

this moment. Why do you want that house? It’s the only asset I have left. I will clearly indicate that I make no determination on the merits of the dispute and that the parties are free to litigate the issues elsewhere.(813) 920-1466 . But you don’t live there. MAINES: for my children. MAINES: Okay. THE COURT: MS. I see. Bank of America holds the note. I couldn’t hear the merits of the claim. So unless you both consented. because we don’t really have a case. THE COURT: Since this dispute between the two of you now is not really a part of the bankruptcy case. I don’t have what they call “core” jurisdiction to determine it. MAINES: THE COURT: MS. MAINES: THE COURT: MS. It’s the only income I receive. It’s rented? Yes. I intended to sell it to create a trust door trying to steal it. And I think that’s the only finding that I JOHNSON TRANSCRIPTION SERVICE . But what I will do is I will enter an order denying your motions as moot.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 76 of 79 76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 July of 2009. I think that the only res judicata effect of my ruling today is that as of today. THE COURT: MS. MAINES: THE COURT: MS. But I have another party knocking on the Okay.

if JOHNSON TRANSCRIPTION SERVICE . I don’t know under your state law whether it’s an exception to hearsay or if it’s considered non-hearsay in Virginia. I asked Ms.a proper defense in that circumstance would be that you pay the holder.well.that’s what I’ll do. and I don’t know who’ll own it tomorrow. And once you get the note back. that’s not any basis.I’ll deny your motion based on the trial. Admissions that come out of this record are admissible in trial in state court as an exception -. and I’ll deny your motion for reconsideration as moot. saying that I do not -. I urge you to go ahead and continue to discuss settlement. I’m just going to deny it as moot. But I was very careful because I don’t know who owned it back when. MS. There is an admission in this I believe you said that you didn’t dispute that you hadn’t paid it. THE COURT: that.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 77 of 79 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 think anyone can use out of this trial.excuse me -. and I can’t represent you -.I’m not ruling on the merits of the motion for reconsideration at all. So the fact that Bank of America claims it has a claim. I’ll deny -. Holladay-Tobias about And she said What if the note were stolen? the proper defense -. And in the meantime.(813) 920-1466 . that’s something that you may see revisited upon you. So I -. record that you made. I asked: Well. MAINES: Refusing to make payment to a thirdBut party interloper is no different today than it’s ever been.and I haven’t studied this.

Thank you for your time. Your MS.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 78 of 79 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you pay the holder. and that’s Thank you all.m.(813) 920-1466 . whatever. nobody else can sue on it. it. THE COURT: it. Today the note is held by Bank of America. MAINES: Thank you for your time. Well. MS. however you want to pursue But I am not determining the merits of who holds the claim.) JOHNSON TRANSCRIPTION SERVICE . MAINES: I think it’s an issue for retired Chief Judge John Prosser that gave me the Deed. whether the claim was valid at any point in time. THE COURT: Good luck with your litigation or settlements as the case may be. HolladayTobias. (Hearing concluded at 4:34 p. you’re pursing it. MS. HOLLADAY-TOBIAS: Honor. Okay. once you hold the note. whether it’s a thief or Ms.

Hillsborough County. do hereby certify: That the foregoing hearing was reported by me at that time and place therein designated. TAYLOR . containing my original signature only. I FURTHER CERTIFY that I am not a relative. nor financially interested in the foregoing action. nor a relative or employee of such attorney or counsel. MARILYN L. BE IT KNOWN that I shall not attest to the accuracy nor content of any other than the original transcription herein set forth.EE004088 Expires: October 25. Marilyn L. 2014 JOHNSON TRANSCRIPTION SERVICE . employee.(813) 920-1466 . WITNESS my hand and seal this 23rd day of March 2012 in the City of Tampa. CVR Certified Verbatim Reporter Notary Commission No. Florida. and that the foregoing pages were transcribed by me and constitute a true and correct copy of the stenomask report. Official Court Reporter and Notary Public.Case 8:10-bk-05213-CPM Doc 191 Filed 03/27/12 Page 79 of 79 79 CERTIFICATE OF REPORTER STATE OF FLORIDA COUNTY OF HILLSBOROUGH ) ) I. attorney or counsel of the parties. excepting copies that are made by me by whatever means. Taylor.

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